[Code of Federal Regulations]

[Title 14, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR151.65]



[Page 108-109]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 

                               (CONTINUED)

 

PART 151_FEDERAL AID TO AIRPORTS--Table of Contents

 

     Subpart B_Rules and Procedures for Airport Development Projects

 

Sec. 151.65  Memoranda and hearings.



    (a) At any time before the FAA issues a grant offer for a project, 

any public agency or person having a substantial interest in the 

disposition of the project application may file a memorandum supporting 

or opposing it with the Area Manager of the area in which the project is 

located. In addition, that public agency or person may request a public 

hearing on the location of the airport to be developed. If, in the 

Administrator's opinion, that public agency or person has a substantial 

interest in the matter, a public hearing is held.

    (b) The Administrator sets the time and place of each hearing under 

this section, to avoid undue delay in disposing of the application, to 

afford reasonable time for all parties concerned to prepare for it, and 

to hold it at a place convenient to the sponsor. Notice of the time and 

place is mailed to the public agency or person filing the memorandum, 

the sponsor, and any other necessary persons.

    (c) The purpose of the hearing is to help the Administrator discover 

facts relating to the location of the airport that is proposed to be 

developed under an application pending before him. There are no adverse 

parties or interests and no defendant or respondent. They are not 

hearings for the purposes of 5 U.S.C. 554, 556, and 557, and do not



[[Page 109]]



terminate in an adjudication as defined in that Act.

    (d) Each hearing under this section is conducted by a hearing 

officer designated by the Administrator. The hearing officer decides the 

length of the hearing, the kind of testimony to be heard, and all other 

matters respecting the conduct of the hearing. The hearing is recorded 

in a manner determined by the hearing officer and the record becomes a 

part of the record of the project application. The Administrator's 

decision is not made solely on the basis of the hearing, but on all 

relevant facts.



[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-11, 

31 FR 6686, May 5, 1966; Amdt. 151-35, 34 FR 13699, Aug. 27, 1969]